The Pension Mis-Selling Claim Process
Nadeem Pervazis a solicitor at Edward & Amaury Solicitors, a law firm authorised and regulated by the Solicitors Regulation Authority. Content is reviewed for legal accuracy and compliance with FCA guidance and SRA conduct standards.
TL;DR — Quick Summary
- ▸The process starts with a free initial enquiry — you do not need to have all documents ready or know which route applies before contacting us.
- ▸We identify whether the claim should go to the FOS (firm still trading), the FSCS (firm failed), or through legal proceedings.
- ▸We assess the suitability of the advice and the losses suffered before committing to pursue a claim.
- ▸Fees and funding arrangements are explained clearly before any chargeable work begins — you will not be committed to anything until you agree.
- ▸Most clients do not need to manage communications with the firm, FOS or FSCS themselves — we handle that on your behalf.
Understanding how the pension mis-selling claim process works can help you make an informed decision about whether and how to proceed. Here is a clear, step-by-step overview of how we handle pension mis-selling enquiries, from your first contact through to pursuing compensation.
Quick Answer
The claim process has three main phases: (1) free initial review of your situation and documents; (2) identifying the right route — FOS complaint, FSCS application, or legal proceedings; and (3) submitting and pursuing the claim. Most people do not need to do anything themselves beyond providing documents — we manage the process on your behalf.
In simple terms: You do not need to know which route is right for you before contacting us. The first step is a free conversation about what happened. We identify the correct route and handle everything from there. You will not be committed to anything until you understand and agree to the terms.
Free Initial Enquiry
Contact us for a free, no-obligation initial discussion. You can call us, complete the contact form, or request a call back. Tell us what happened with your pension — there is no need to have all the paperwork ready at this stage.
We will listen, ask some initial questions and let you know if your situation sounds like it may be worth exploring further.
Review of Pension and Advice Documents
If your initial enquiry suggests there may be a potential claim, we will ask you to provide relevant documents where possible. These might include your pension transfer report, suitability letter, pension statements, risk profile questionnaire and any correspondence with your adviser.
We will review what you have and identify what further information may be needed. Do not worry if you cannot locate all documents — some may be obtainable from third parties.
Identify the Adviser and the Appropriate Route
We will identify who gave you the advice and their regulatory status. This determines which route — Financial Ombudsman Service, Financial Services Compensation Scheme, or legal action — is most appropriate for your case.
You will receive a clear explanation of the routes available, the advantages and disadvantages of each, and our recommendation for how to proceed.
Assess Suitability of the Advice and Your Losses
We assess the advice against the regulatory standards in place at the time and the specific circumstances of your case. We also consider what losses or lost benefits you may have suffered as a result of the advice.
We give you an honest assessment of the strength of your potential claim. We will not pursue a claim that we do not consider has genuine merit.
Explain Fees and Agree How to Proceed
Before any work begins on pursuing your claim, we will explain clearly any fees that may apply, how they are calculated, and how the funding of any work will be arranged. You will not be committed to anything until you understand and agree to the terms.
You make an informed decision about whether to proceed, fully understanding what is involved and any costs.
Submit the Complaint or Claim
Depending on the route, we will submit a complaint to the financial services firm, refer to the FOS, submit an FSCS application, or begin legal proceedings on your behalf. We handle all communications with the relevant parties.
Your case is formally in progress, with all relevant parties notified.
Negotiate and Pursue Compensation
We pursue your claim through the appropriate process, respond to any requests for information or evidence, and negotiate on your behalf where the opportunity arises. We keep you updated at key stages.
Your claim progresses through the process, with the aim of achieving the best available outcome for your individual situation.
What About Direct Routes?
You are not required to use a solicitor to pursue a mis-sold pension claim. You can:
- Complain directly to the adviser firm, and refer to the Financial Ombudsman Service if unsatisfied — free of charge
- Apply directly to the Financial Services Compensation Scheme if the firm has failed — also free of charge
We will always be transparent about both options. Solicitor-led support is most valuable in complex cases, where other routes have not produced a satisfactory outcome, or where significant sums are involved.
Frequently Asked Questions
How Long Does the Process Take?
Timescales vary considerably depending on the route, the complexity of the case and the parties involved. As a general guide:
- An initial firm complaint should receive a response within eight weeks
- FOS complaints can take several months or longer, depending on complexity and caseload
- FSCS claims have their own processing timescales
- Legal proceedings typically take longer
We will give you a realistic indication of timescales once we understand your case.